Teaneck City Zoning Code
ARTICLE IVA
Historic Preservation
Sec. 33-21.1 Commission established; organization; powers and duties.
[Added by Ord. No. 3141, 5-3-1988, § 4; amended by Ord. No. 3891, 7-26-2005, § 1]
(b)
Composition.
(1)
The Commission shall consist of seven members and two alternate members. Of the seven regular Commission members, at least one member shall be of Class A, at least one member shall be of Class B and three of the seven shall be either Class A or Class B, defined as follows:
a.
Class A. A person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
b.
Class B. A person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
c.
Class C. Those regular members who are not designated as Class A or B. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment, except they may be a member of the Planning Board or Board of Adjustment.
(2)
Alternate members shall meet the qualifications of Class C members.
(c)
Appointment of members; terms; vacancies.
(1)
The Municipal Manager shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."
(2)
The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years over their appointment, and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years, and the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years.
(3)
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board, and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
(d)
Organization. The Commission shall elect from its membership a Chairperson and a Vice Chairperson.
(e)
Establishment of rules and regulations. The Commission shall create rules and procedures for the transaction of its business subject to the following regulations:
(1)
A quorum for the transaction of business shall consist of four of the Commission's members, including the Chairperson or, in his/her absence, the Vice Chairperson, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
(2)
The Commission shall appoint a secretary who need not be a member of the Commission. The secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determination and decision. All such material shall be public records.
a.
All meetings shall comply with the Open Public Meetings Act, N.J.S.A. 10:4-7 et seq.
b.
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Secretary of the Commission.
c.
The Chairperson of the Commission, or such other person as he/she may designate, shall have the power to administer oaths or issue subpoenas to compel the attendance of witnesses or the production of relevant evidence.
d.
The testimony of all witnesses relating to an application shall be taken under oath, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or, if not represented, subject to the discretion of the Chairperson, by the interested parties themselves. Direct cross-examination by interested parties may be subject to reasonable limitations as time and number of witnesses require.
e.
Technical rules of evidence shall not be applicable to the hearing, but the Commission may exclude irrelevant, immaterial or unduly repetitious evidence. The Commission shall provide for the verbatim recording of all hearings by either stenographer, mechanical or electronic means. The Commission shall furnish a transcript of the hearing on request to any interested party at his expense. Such transcript shall be certified in writing by the transcriber to be accurate.
(f)
No compensation. The Commission members shall serve without compensation.
(g)
Budget. Within the limits of funds appropriated for the performance of its work, grants and gifts, the Commission may obtain the services of qualified persons to direct, advise and assist the Commission and may obtain the equipment, supplies and other material necessary to its effective operation.
(h)
Departmental assistance. The Commission is empowered to seek advisory opinions and technical assistance from all municipal employees on any matter within the Commission's jurisdiction. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Council.
(i)
Powers and duties. The Commission shall have the power and the responsibility to:
(1)
Prepare a survey of historic sites of the Township pursuant to § 33-21.2 hereof and to criteria identified in the survey report.
(2)
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements;
(3)
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program;
(4)
Advise the Planning Board and Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110;
(5)
Provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of Article V, Zoning, provisions concerning historic preservation;
(6)
Hear and decide applications for certificates of appropriateness pursuant to § 33-21.3 hereof; and
(7)
Carry out such advisory, educational and informational functions as will promote historic preservation in the Township.
Sec. 33-21.2 Designation of historic sites and districts.
[Added by Ord. No. 3141, 5-3-1988, § 5; amended by Ord. No. 3280, 11-13-1990, § 1; Ord. No. 3380, 12-21-1993, § 1; Ord. No. 3383, 1-11-1994, § 1; Ord. No. 3928, 1-10-2006, § 1; Ord. No. 3939, 4-4-2006, § 1; Ord. No. 3968, 10-24-2006, § 1; Ord. No. 4055, 3-4-2008, § 1; Ord. No. 4093, 9-23-2008, § 1]
(a)
Preparation of survey. The Commission shall make a comprehensive survey of the Township of Teaneck for the purpose of identifying historic districts and historic sites which are worthy of protection and preservation.
(b)
Documentation and notification. Based on the survey or upon the recommendation of concerned citizens, the Commission shall document the importance and historical significance to the municipality, state or nation of each historic site designation in terms of the purposes and criteria set forth in this article. Thereafter, the Commission, by certified mail, shall:
(c)
List to be made public; hearings.
(1)
The Commission shall, as soon as practicable, make public a complete list of the tentatively designated historic sites and districts, specifying the location, boundaries and proper names thereof and, in each case, the reason for such designation. In designating any historic site or historic district, the Commission may exempt any improvement or any portion of any Tax Map lot, the demolition or alteration or improving of which would not affect the historic site or district as to the purpose and criteria set forth in this article. Such exemption shall only be for good cause shown and upon affirmative vote of 2/3 of the full authorized membership of the Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
The tentative list shall thereafter be submitted at a public hearing for examination and comment by the public. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list showing all proposed historic districts and historic sites shall be published, together with notice of the hearing on same, in the official newspaper of the Township not less than 10 days before such hearing is to be held.
(d)
Final decision by Commission. After full consideration of the evidence brought forth at the special hearing, the Commission shall make its final decisions on the designations and shall issue its final report to the public stating reasons in support of its actions with respect to each historic site and historic district designation.
(e)
Submission of list to Township Clerk and Planning Board. The list shall be submitted thereafter to the Township Clerk and the Planning Board. The Township Council shall then consider whether to adopt the designation list by Zoning Ordinance amendment and Official Map amendment pursuant to N.J.S.A. 40:55D-32. Once adopted, the designation list may be amended in the same manner in which it was adopted.
(f)
Distribution of designation list. Copies of the designation list, as adopted, shall be made public and distributed to all municipal agencies reviewing development applications and all municipal agencies responsible for issuing building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each site included in the final list, and a true copy thereof shall be filed with the County Clerk for recordation in the same manner as certificates of lien upon real property.
(g)
Placement of plaques. Each designated historic district or historic site may be marked by an appropriate plaque, in such form as the Commission shall promulgate by regulation.
(h)
Criteria for designation of an historic site or historic district. In considering an individual site, building, structure, district or landscape for becoming designated as historically, architecturally or archaeologically significant, the Historic Preservation Commission shall give consideration to the following criteria:
(1)
It is associated with events that have made a significant contribution to the broad patterns of our history.
(2)
It is associated with the lives of persons significant in our past.
(3)
It embodies the distinctive characteristics of type, period or method of construction, or it represents the work of a master or possesses high artistic values or represents a significant and distinguishable entity whose components may lack individual distinction.
(4)
It yielded, or may be likely to yield, information important in prehistory or history.
(5)
It is of particular historic, cultural, scenic or architectural significance to the Township of Teaneck or the County of Bergen, and in which the broad cultural, political, scenic, economic or social history of the nation, state or locality is reflected or exemplified.
(6)
Ordinarily, cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years are not to be worthy of qualification as an historic site or district. However, such properties may qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
a.
A religious property deriving primary significance from architectural or artistic distinction or historical importance;
b.
A building or structure removed from its original location but which is significant primarily for architectural value or which is the surviving structure most importantly associated with an historic person or event;
c.
A birthplace or grave of an historical figure of outstanding importance, if there is no other appropriate site or building directly associated with his productive life;
d.
A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features or from association with historic events;
e.
A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other building or structure with the same association has survived;
f.
A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or
g.
A property achieving significance within the past 50 years if it is of exceptional importance.
(i)
Designation of historic sites. The following sites are hereby designated as historic sites pursuant to §§ 33-3 and 33-21.2 of the Teaneck Township Code:
(1)
The John Ackerman House, 1286 River Road, Block 1402, Lot 6.
(2)
The Kip-Cadmus House, 666 River Road, Block 212, Lot 15.
(3)
The Banta-Coe House, 884 Lone Pine Road, Block 301, Lot 4.
(4)
The Adam Vandelinda House, 586 Teaneck Road, Block 3104, Lot 33.
(5)
The Brinkerhoff-Demarest House, 493 Teaneck Road, Block 3705, Lot 5.
(6)
The James Vandelinda House, 566 Teaneck Road, Block 3111, Lot 29.
(7)
The Caspar Westervelt House, 20 Sherwood Road, Block 3309, Lot 5.
(8)
Thurnauer House (628 North Forest Drive, Block 1607, Lot 1) and Lutheran (Van Buskirk) Church Cemetery (Maitland Avenue and Andreas Park).
(9)
Christian Cole House (1617 River Road, Block 1201, Lot 19).
(10)
Old Burial Ground (662 Pomander Walk, Block 212, Lot 2).
(11)
Louis Bourgeois House (114 Bogert Street, Block 4909, Lot 1).
(12)
John I. Post House (790 Old Newbridge Road, Block 1001, Lot 4).
(13)
George V. Demarest House (12 Degraw Avenue, Block 3216, Lot 11).
(14)
Ende-Sutherland House (720 Roemer Avenue, Block 1103, Lot 3).
Sec. 33-21.3 Certificates of appropriateness.
[Added by Ord. No. 3141, 5-3-1988, § 6]
(a)
Actions requiring a certificate of appropriateness. A certificate of appropriateness issued by the Historic Preservation Commission shall be required before a permit is issued for the following or, in the event that no other type of permit is otherwise required, before work can commence on any of the following activities on the property of any historic site or within any historic district:
(1)
Demolition of an historic site or any improvement within an historic district.
(2)
Relocation of any historic site or any improvement within an historic district.
(3)
Change in the exterior appearance of any existing historic site or any improvement within an historic district by addition, alteration or replacement.
(4)
Any new construction of a principal or accessory structure or any subdivision of property which would allow new construction of a principal or accessory structure.
(5)
Changes in or addition of new signs or exterior lighting, except that no certificate of appropriateness shall be required for one unlit sign per premises, if the surface area of such sign does not exceed one square foot for an identification sign or four square feet for a commercial sign, provided that either of the same is attached to and parallel to a facade of the building or structure.
(b)
Exceptions.
(1)
A certificate of appropriateness shall not be required for any repainting, repair or exact replacement of an existing improvement. In the event that the color or exterior surface material of the improvement shall be changed as a result of such repainting, repair or exact replacement, a certificate of appropriateness shall not be required if the new color or exterior surface is one that has been previously approved by regulations duly promulgated by the Commission for similar improvement in that district or as to that historic site. In the event that the repainting, repair or exact replacement does not conform to said regulations, a certificate of appropriateness shall be required.
(2)
In terms of an exact replacement of finishes, materials or architectural elements, it is understood that the Commission would prefer an applicant to maintain, stabilize and repair the original or existing finishes, materials and architectural elements before considering the replacement of the same. However, should the original or existing finishes, materials or architectural elements be of such a deteriorated condition as to require replacement, the new finishes, materials or architectural elements should be designed and installed to replicate the material, color, size, contour, configuration and design of that which is being replaced.
Sec. 33-21.4 Applications for classification and certificates of appropriateness.
[Added by Ord. No. 3141, 5-3-1988, § 7]
(a)
Application procedure. Applications for classification and applications for a certificate of appropriateness shall be made on forms available from either the Township Clerk or the Commission Secretary. Completed applications shall be delivered to the Secretary of the Commission.
(b)
Classification. All applications for a certificate of appropriateness shall first be classified in accordance with the relief requested.
(1)
Major application. If the action for which the certificate of appropriateness is requested involves demolition or the removal of an historic site or any part thereof; or an addition thereto; or the construction of a new structure on an historic site; or will substantially affect those characteristics of the historic site listed on its historic site designation; or, in the case of a structure within a historic district, will substantially affect the characteristics of the district listed on the district's historic site designation, the Commission shall classify the application as a major application, in which event a formal application will be required as more specifically set forth herein.
(2)
Minor application. If the action for which the certificate of appropriateness is requested is not major, as heretofore described, it shall be classified as a minor application and disposed of summarily as hereinafter set forth.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(c)
Hearing procedure.
(1)
Minor applications may be heard and decided immediately upon classification if it is determined by the Commission, in its discretion, that there is sufficient evidence on the record to make a determination and that no adjacent property may be adversely affected by the proposed action.
(2)
In the absence of such a determination or in the case of a major application, an applicant shall, upon classification and as a condition precedent to a formal hearing by the Commission, do the following;
(d)
Decision. The Historic Preservation Commission shall reach a decision on the application within 45 days after the Secretary has declared an application to be complete; otherwise, the application shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Historic Preservation Commission. The Commission may advise the applicant and make recommendations in regard to the appropriateness of proposed action and may grant approval upon such conditions as it deems appropriate within the intent and purposes of this article.
(e)
Memorialization resolution. The Commission shall set forth its decision on each application in resolution form with findings of fact and conclusions. The resolution shall be approved by the Commission and only those members who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.
(f)
Notice of decision. If an application is approved, the Historic Preservation Commission shall forthwith issue a certificate of appropriateness and provide the same with a certified copy of the resolution to the applicant, the Planning Board, the Construction Official and such other municipal departments or officers as the Commission shall determine. In case of disapproval, the same persons and entities shall be notified in writing of such resolution of disapproval with a certified copy thereof. A summary of the Commission's action shall also be published in a newspaper of general circulation in the Township.
Sec. 33-21.5 Standards for consideration.
[Added by Ord. No. 3141, 5-3-1988, § 8]
(a)
Demolitions. In regard to an application to demolish an historic site or any improvement within an historic district, the following matters shall be considered:
(1)
Its historic, architectural and social significance.
(3)
Its importance to the municipality and the extent to which its historic or architectural value is such that its removal would be detrimental to the public interest.
(4)
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.
(5)
The extent to which its retention would promote the general welfare by maintaining and increasing real estate values; generating business; creating new jobs; attracting tourists, students, writers, historians, artists and artisans; attracting new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; and/or making the Township a more attractive and desirable place in which to live.
(6)
If it is within a historic district, the probable impact of its removal upon the ambience of the historic district.
(b)
Removals out of the municipality. In regard to an application to move an historic landmark or any structure within an historic district to a location outside the municipality, the following matters shall be considered:
(1)
The historic loss to the site of original location.
(2)
The compelling reasons for not retaining the landmark or structure at its present site.
(3)
The proximity of the proposed new location to the municipality, including the accessibility to the residents of the municipality and other citizens.
(4)
The probability of significant damage to the structure as a result of the move.
(5)
The applicable matters listed in Subsection (a).
(c)
Removals within the municipality. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the municipality, the following matters shall be considered in addition to the matters listed in Subsection (b):
(1)
The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the intent and purposes of this article.
(2)
If the proposed new location is within an historic district, the visual compatibility factors should be as set forth in Subsection (g) hereof.
(d)
Visual compatibility considered for additions or removals. In regard to an application to construct a new structure in an historic district or on an historic site or to add to or alter an existing landmark structure, the visual compatibility of the proposed addition or alteration with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in Subsection (g) hereof.
(e)
Considerations on other actions. In regard to an application for other approval of any proposed action as set forth in § 33-21.3(a) hereof, the following matters shall be considered:
(1)
If an historic site or a structure in an historic district is involved:
a.
The impact of the proposed change on its historic and architectural character;
b.
Its importance to the Township and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest; and
c.
The extent to which there would be involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would adversely affect the public's view of an historic site or structure within an historic district from a public street.
(4)
If the application deals with a structure within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Subsection (g) hereof.
(f)
Additional matters considered. In regard to all applications, additional pertinent matters may be considered, but in no instance shall interior arrangement be considered.
(g)
Visual compatibility factors. The following factors shall be used in determining the visual compatibility of a building, structure or appurtenance thereof with the buildings and places to which it is visually related:
(1)
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2)
Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(3)
Proportion of openings within the facility. The relationship of the width of the windows to the height of the windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(4)
Rhythm of solids to voids on front facade. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.
(5)
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6)
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7)
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building, such as walls, open-type fencing and evergreen landscape masses, shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10)
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11)
Directional expression of front facade. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
Sec. 33-21.6 Effect of certificate approval; denial; appeal.
[Added by Ord. No. 3141, 5-3-1988, § 9]
(a)
Approved certificate deemed positive recommendation. If a certificate of appropriateness has been issued for an application that requires approval of the Planning Board or Board of Adjustment, the certificate shall be deemed to be a positive recommendation to that body as to the historic preservation aspects of the development application before it. The Planning Board or Board of Adjustment may, nevertheless, affirm or deny the application based upon the entire record before it.
(b)
Denial of certificate. If a certificate of appropriateness is denied by the Commission, notwithstanding any approval by the Planning Board or Board of Adjustment, the administrative officer charged with issuing the permit for which the action or development application relates shall deny issuance, pursuant to N.J.S.A. 40:55D-111.
(c)
Approval with conditions. If a certificate of appropriateness is approved with conditions, the administrative officer shall include the conditions in the permit.
(d)
Lapse after two years. If the action to which the certificate of appropriateness has been issued is not substantially completed within two years of the date of approval by the Commission or within an extended period or periods granted by the Commission, as the Commission may deem it in the public interest to grant, then the certificate shall lapse and be of no further force and effect.
(e)
Appeals relating to certificate of appropriateness. The denial of a certificate of appropriateness or any of the conditions of an approval may be appealed by the applicant to the Board of Adjustment under N.J.S.A. 40:55D-70a and b. Further appeals may be taken as provided by law.
Sec. 33-21.7 Violations and penalties.
[Added by Ord. No. 3141, 5-3-1988, § 10]
(a)
Violations. Any person who shall undertake any action which requires a certificate of appropriateness under this article, without first having obtained a certificate of appropriateness, shall be deemed to be in violation of this article.
(b)
Service of notice of violation. Upon learning of the violation, the appropriate Construction Official or Zoning Officer shall personally serve upon the owner of the property whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the historic site to its status quo ante. If the owner cannot be personally served within the municipality with the said notice, a copy shall be posted on the site and a copy sent by certified mail, return receipt requested, to the owner at his last-known address, as it appears on the municipal tax rolls.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(c)
Issuance of summons and complaint. In the event that the violation is not abated within the specified ten-day period following service and/or posting on the site, whichever is earlier, the Construction Official or Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging a violation or violations of this article. Each separate day the violation exists shall be deemed to be a new and separate violation of this article.
(e)
Injunctive relief. In the event that any action which would permanently and/or adversely change the historic site or historic district, such as demolition or removal, is about to occur without a certificate of appropriateness having been issued, the Zoning Officer or Construction Official is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any such historic site or district.
Sec. 33-21.8 Preventive maintenance.
[Added by Ord. No. 3141, 5-3-1988, § 11]
(a)
Priority. Recognizing the need for preventive maintenance to ensure the continued useful life of historic sites and structures in historic districts, the Township Council hereby declares that code enforcement vis-a-vis historic sites and structures in historic districts is a high municipal priority.
(b)
Deterioration and service of notice of violation. In the event that any historic site or improvement in an historic district deteriorates to the point that, in the best estimate of the Construction Official, the cost of correcting building and other Code violations equals more than 25% of the cost of replacing the entire improvement on which the violations occur, the Construction Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of the historic site, listing the violations, the estimated cost of abatement and the replacement cost of the improvement and stating that if the owner does not take all necessary remedial action within 90 days, or such extensions as the Construction Official shall, for good cause, grant, the Township may, at the expiration of the 90 days, enter upon the property and abate such violations itself and cause the cost thereof to become a lien on the property.
(c)
Request for hearing by property owner.
(1)
Upon receipt of such notice, the owner may, within 10 days after such receipt, notify the Construction Official of his wish to have a hearing as to the allegations and estimates set forth in the Construction Official's notice. Such hearing shall be conducted by the Township Manager and shall, so far as possible, be a formal adversary proceeding in which the Construction Official shall establish the matters alleged in the notice by a preponderance of the evidence.
(2)
If the owner does not request a hearing, the procedures set forth in Subsection (b) above shall obtain. If a hearing is requested, the Township Manager shall, within 10 days following the hearing, serve on the owner an opinion in writing setting forth his conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to Subsection (b) thereof.
(d)
Violation abatement by Township. Thereafter, if the owner does not comply, the Construction Official may enter onto the premises and, by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations.
(e)
The Construction Official shall then certify to the Township Council the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present the same to the Township Council.
(f)
The Township Council may, by resolution, vote to cause the sum so certified to become a lien upon the historic site, payable with the next quarter's property taxes and, if not then paid, bearing interest at the same rate as delinquent taxes.
Sec. 33-21.9 Permit review.
[Added by Ord. No. 3141, 5-3-1988, § 12]
It shall be the duty of all municipal officials reviewing all permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a certificate of appropriateness and, if it should, to inform both the Secretary of the Commission and the applicant.